Legal Opinion · Concurrence
Arroyo-Graulau v. Merrill Lynch Pierce, Fenner & Smith, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 22, 2015No. 651059/13Published
1Concurrence
Tom, J.P.
(concurring). This contract dispute was resolved by a Surrogate’s decree dated October 25, 2011, and Supreme *7Court properly adhered to the principle of comity by dismissing the complaint with prejudice. Under the factual circumstances of this case, a court of coordinate jurisdiction cannot issue an order concerning a probate issue that already has been decided by the Surrogate’s Court. Because Supreme Court lacks the authority to decide the issue, the merits are not properly before us and I decline to join in the majority’s advisory opinion that the complaint fails to state a cause…
2Cases cited15 opinions
- Buechel v. BainNew York Court of Appeals · 2001
- Pennsylvania v. WilliamsSupreme Court of the United States · 1935
- Cuomo v. Long Island Lighting Co.New York Court of Appeals · 1988
- White Light Productions, Inc. v. On The Scene Productions, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Boorman v. DeutschAppellate Division of the Supreme Court of the State of New York · 1989
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